History
  • No items yet
midpage
Rose v. Grote
575 S.W.2d 929
Mo. Ct. App.
1978
Check Treatment
CLEMENS, Judge.

Petitioner, former wife of respondent, from whom she was divorced in 1970, has appealed from the partial granting of her motion to modify wherein her monthly alimony was increased from $250 to $325, which she contends is inadequate.

We have fully considered the parties’ evidence of their relative incomes and ex*930penses since the 1970 divorce; reciting the details thereof would have no precedential value. The net result is that there is not enough income to meet the needs or desires of both parties.

As we ruled in petitioner’s cited case of Harriman v. Harriman, 281 S.W.2d 566[2] (Mo.App.1955): “The amount properly allowable is deemed a matter of discretion for the trial judge to such an extent that his decision will not be disturbed unless the amount awarded is so excessive or inadequate as to appear to be an abuse of judicial discretion.” In Kasper v. Helfrich, 421 S.W.2d 66[1-5] (Mo.App.1967), we held judicial discretion is abused only when the trial court’s ruling “is so arbitrary and unreasonable as to show a lack of careful consideration and shock the sense of justice,” and “if reasonable men can differ about the propriety of the action taken by the trial court, then the trial court did not abuse its discretion.”

Viewed in the light of these principles, the trial court did not err.

Judgment affirmed.

REINHARD, P. J., and GUNN, J., concur.

Case Details

Case Name: Rose v. Grote
Court Name: Missouri Court of Appeals
Date Published: Dec 27, 1978
Citation: 575 S.W.2d 929
Docket Number: No. 40112
Court Abbreviation: Mo. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.